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Senators Introduce Constitutional Amendment to Overturn Citizens United

Sen. Charles Schumer (D-New York) and Senate Majority Whip Dick Durbin (D-Illinois) leaves a press conference on April 14, 2011. They are among six Democratic senators who introduced a constitutional amendment that could effectively overturn the Citizens United case. (Photo: Philip Scott Andrews / The New York Times) One of the overarching themes of the 99 Percent Movement is that our democracy is too corrupted by corporate special interests. This corruption was worsened last year by the Supreme Court’s Citizens United decision, which allowed for huge new unregulated flows of corporate political spending. Yesterday, six Democratic senators — Tom Udall (NM), Michael Bennett (CO), Tom Harkin (IA), Dick Durbin (IL), Chuck Schumer (NY), Sheldon Whitehouse (RI), and Jeff Merkeley (OR) — introduced a constitutional amendment that would effectively overturn the Citizens United case and restore the ability of Congress to properly regulate the campaign finance system.

One of the overarching themes of the 99 Percent Movement is that our democracy is too corrupted by corporate special interests. This corruption was worsened last year by the Supreme Court’s Citizens United decision, which allowed for huge new unregulated flows of corporate political spending.

Yesterday, six Democratic senators — Tom Udall (NM), Michael Bennett (CO), Tom Harkin (IA), Dick Durbin (IL), Chuck Schumer (NY), Sheldon Whitehouse (RI), and Jeff Merkeley (OR) — introduced a constitutional amendment that would effectively overturn the Citizens United case and restore the ability of Congress to properly regulate the campaign finance system.

The amendment as filed resolves that both Congress and individual states shall have the power to regulate both the amount of contributions made directly to candidates for elected office and “the amount of expenditures that may be made by, in support of, or in opposition to such candidates.”

“By limiting the influence of big money in politics, elections can be more about the voters and their voices, not big money donors and their deep pockets,” said Harkin of the amendment. “We need to have a campaign finance structure that limits the influence of the special interests and restores confidence in our democracy. This amendment goes to the heart of that effort.”

Passing this amendment or any other amendment to the Constitution is an arduous process. There are two ways to propose a constitutional amendment. Either two-thirds of Congress can agree to an amendment or there can be a constitutional amendment called by two-thirds of state legislatures (this path has never been taken). In order to ratify an amendment, three-quarters of state legislatures must agree or three-quarters of states must have individual constitutional conventions that agree.

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